Central Nebraska Public Power & Irrigation District v. John D.
Nebraska Supreme Court
1Opinion of the CourtGrant, J.
On November 2, 1984, the Central Nebraska Public Power and Irrigation District (hereinafter Tri-County) filed an application (Application U-2) with the Department of Water Resources (DWR), seeking recognition of incidental water storage in the three-county area of Gosper, Phelps, and Kearney Counties. The application alleged that a large mound of underground water had formed in this area as a result of seepage from Tri-County’s 600-mile surface canal irrigation system. At that time Neb. Rev. Stat. § 46-226.01 (Reissue 1984) provided as follows:
Any person having an approved perfected…
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